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GW = Dispute???

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mikie209
Regular Contributor

GW = Dispute???

I paid midland because it was my account and I was just going to send GW letters until I got something out of them. So i sent my first GW letter last week and they responded yesterday in the mail and it said "they cannot remove accurate information and that they are now marking the account as disputed" No where in my letter I said I was disputing this account. I asked for a goodwill adjustment for the account to be removed. Are they allowed to do this?

Message 1 of 6
5 REPLIES 5
RobertEG
Legendary Contributor

Re: GW = Dispute???

Absolutely not.

Reports of disputes are limited to those under the FCRA and FCBA.

To be considered a dispute, since the letter was sent to them, they would have to consider it to be a direct dispute under FCRA 623(a)(8).

That requires the specific identification of an asserted reporting inaccuracy that they are required to investigate, and respond back to the consumer within 30 days.

 

If you asserted no inaccuracy, it was not a dispute.

Numerous other posts on the site have referenced similar reporting, or statements that they would report, a GW or DV as an FCRA dispute.

That infers that they have made this a practice, of which I would suggest that you file a formal complaint with the CFPB.

They may take action if a pattenr of violation is shown.

 

As an aside, assuming arguendo that they simply were unkowingly misinterpreting your letter as a dispute, that carrries with it their statutory obligation to provide a resolution of the "dispute" within 30 days.  Dollars to doughnuts that they send no notice of any resolution, which would signify to me that they were aware that it was not a dispute, and accordingly, contrary to their statement, did not treat it as such. Thus, if they do report, it would be knowling reporting inaccurate information, which is an express violation of FCRA 623(a)(1).

 

Interesting to hear if you get a letter of results of your "dispute" ......

 

Message 2 of 6
mikie209
Regular Contributor

Re: GW = Dispute???

I just submitted a complaint with the CFPB

 

Basically my letter said I was asking for a goodwill adjustment for the account to be removed since I PIF. With the letter I sent them I attached a copy of my reciept showing I made the payment. Why would I dispute something I paid? Nothing in my letter could be misinterpreted to it being a dispute.

Message 3 of 6
RobertEG
Legendary Contributor

Re: GW = Dispute???

You did a service for all of us!

I hope the CFPB has other such complaints, to which the common and repeated pattern reinforce by your letter will spur some action

Message 4 of 6
choppa02
Contributor

Re: GW = Dispute???

Midland is a pain in the a** to get anything deleted.
Message 5 of 6
DaBears
Senior Contributor

Re: GW = Dispute???

Midland must have a lot of money. I'm currently suing them. LOL

Message 6 of 6
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